MTR. OF DOWNEY (MVAIC)


43 A.D.2d 168 (1973)

In the Matter of the Arbitration between Robert Downey, Jr., Respondent, and Motor Vehicle Accident Indemnification Corporation, Appellant Louis Saracina et al., Respondents-Appellants, v. Motor Vehicle Accident Indemnification Corporation, Appellant-Respondent, et al., Defendants Ethel Rittenhouse, Respondent, v. Motor Vehicle Accident Indemnification Corporation, Appellant, et al., Defendants Louis Saracina et al., Respondents-Appellants, v. Motor Vehicle Accident Indemnification Corporation, Appellant-Respondent, et al., Defendants Robert Downey, Jr., an Infant, by Peter B. Carr, Guardian ad Litem, Appellant, v. City of Buffalo, Respondent, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 6, 1973.


Attorney(s) appearing for the Case

Schaus & Schaus (Bond, Schoeneck & King, John M. Freyer of counsel), for Motor Vehicle Accident Indemnification Corporation.

Francis X. Murphy for Robert J. Downey, Jr.

Miserendino, Krull & Foley (Paul A. Foley of counsel), for Louis Saracina and another, respondents-appellants.

Jaeckle, Fleischmann & Mugel (Lawrence H. Wagner of counsel), for Merchants Mutual Insurance Company, respondent.

Adams, Brown, Starrett & Maloney, P. C. (T. Alan Brown of counsel), for Travelers Indemnity Company, respondent.

Schaus & Schaus (John M. Freyer of counsel), for MVAIC on behalf of Robert J. Downey, Jr., appellant.

Gleason & O'Connor (Lawrence H. Wagner of counsel), for City of Buffalo, respondent.

GOLDMAN, P. J., MARSH, CARDAMONE and SIMONS, JJ., concur.


MOULE, J.

We have before us appeals from judgments and orders in four related cases arising out of a July 29, 1965 automobile accident in which a Buffalo Fire Department vehicle, owned by the City of Buffalo and driven by Mary L. Downey, the wife of a Captain in the Buffalo Fire Department, collided with a vehicle owned by Louis Saracina and driven by his wife, Mary. In the car with Mary Downey at the time of...

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